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TMI Blog2022 (3) TMI 1058X X X X Extracts X X X X X X X X Extracts X X X X ..... riod of training this Tribunal does not have the jurisdiction to decide the same. Whether the Corporate Debtor is due any amount to the Operational Creditor and whether he has committed default of the same? - HELD THAT:- It is not disputed that the Operational Creditor has voluntarily resigned from the service. Clause - 6 (F) (iv) is clear with regard to the obligations in case of resignation of Pilot. The resignation is tendered on 28.02.2017. The full and final settlement of accounts shows that the amount payable thereunder was mentioned. The same is filed by the Operational Creditor himself from which it can be understood that the said amount was received by the Operational Creditor. TDS dues for the month of January February, 2017 - HELD THAT:- Since the salaries are not paid to the Operational Creditor. The TDS amounts are not credited to the account is the argument of the Corporate Debtor's Counsel which is cogent. When it is found that no salaries are due, the question of paying interest would not arise hence, claim for interest is also rejected. There is no dispute that except for the months of January February, 2017 the salaries pertaining to the period p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upgrade as captain on aircraft was never conducted by the Corporate Debtor due to non-availability of examiners with Corporate Debtor. The Corporate Debtor had failed to hire any examiner to complete the same. (v) The training cost was paid for five years of employment which was wilfully terminated in less than 19 months, i.e., before expiry of five years. Therefore, the Corporate Debtor is under an obligation to return the amount at the time of full and final settlement. The Operational Creditor is yet to receive the salaries of ₹ 5,57,756/- for the months of January February, 2017. (vi) The Operational Creditor operated his last flight on 14.12.2016 and the license was supposed to be renewed by the Corporate Debtor before 28.12.2016. Since, the Corporate Debtor failed to renew the license, the Operational Creditor was compelled to submit his resignation which was duly accepted by the Corporate Debtor. Several requests have been made by the Operational Creditor to clear the arrears in salary along with training costs, but the Corporate Debtor failed to pay the amounts. Hence, this Application. 3. The Corporate Debtor filed counter, denying the liability and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 4. Heard the arguments of both sides and perused the written submissions. From the material on record the points that are to be considered are: I. Whether the Operational Creditor is entitled for the refund of the training costs of ₹ 25,00,000/- along with interest. II. Whether the Corporate Debtor is due any amount to the Operational Creditor and whether he has committed default of the same. III. To what result. I. Whether the Operational Creditor is entitled for the refund of the training costs of ₹ 25,00,000/- along with interest: A perusal of the Employment Agreement, at the outset, would be beneficial. Training as defined under Clause 1 of the said agreement means training courses on simulator, aircraft, classroom, etc., within India or Abroad as deemed necessary by the Air Costa and/or as required by the DGCA/CARs. Clause-6(A) (i) is that on successful completion of endorsement training on the Aircraft, the Pilot will be on probation for a period of six months of satisfactory service and flying duties, on line. Clause-6(F) of the said agreement is on the rules pertaining to training costs. As per the said clause Air Costa shall a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed, for an uncrystallised amount, this application is not maintainable. When there are disputed question of facts pertaining to the manner and period of training this Tribunal does not have the jurisdiction to decide the same. The said reasoning is supported by the judgment of the NCLAT, New Delhi in between Laina Power Engineering vs. Sokeo Power Private Limited in Company Appeal (AT) (Insolvency) No. 452/2018. II. Whether the Corporate Debtor is due any amount to the Operational Creditor and whether he has committed default of the same. It is not disputed that the Operational Creditor has voluntarily resigned from the service. Clause - 6 (F) (iv) is clear with regard to the obligations in case of resignation of Pilot. The resignation is tendered on 28.02.2017. The full and final settlement of accounts shows that the amount payable thereunder was mentioned. The same is filed by the Operational Creditor himself from which it can be understood that the said amount was received by the Operational Creditor. The next claim is with regard to the TDS dues for the month of January February, 2017. Since the salaries are not paid to the Operational Creditor. The TDS am ..... X X X X Extracts X X X X X X X X Extracts X X X X
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